The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-06-10
JOHN H. MARTIN OPENS FOR
THE STATE
With q Mastery Appeal for Justice
and ImpartIality-HlS Pre-
sentatiOn Of the
COWARDLY CRIME POWERFUL,
PATHETIC AND
Observation-Disclosures Draws Some
Sympathetic Pictures Of the
Scenes Before the killing.


jackson, MISS, June 9.-The court
met at 9:U5 o'clock this morning in
the investigation OF the Hamilton
trial, with large crowd in attend
ance. The Hon. Wiley P. Harris at
once proceeded to open the argument
on the part OF the defense, speaking
two and a quarer hours. The follow
ing is very meager aud imperfect
synopsis Of his speech, condensed
from the stenographic notes OF Mr..
Harris Dickson:
The homicide Is presented under
two ayp scts-one, in which Hamilton
killed Gambrell in single comba; and
without sny help; the other, in which
Gambrell is supposed to have been
killed by Hamilton and others active
ly participated in the killing. II this
active participation be shown 1t sup.
poses concert OF action and gives thai
character to the killing that the court
will have no trouble whatever in dis
posing Of II. On the other hand, II
this case OF active participation Is not
at all, IL will then be for the court to
consider the case OF Hamilton as a
case OF single combat, in which
he survived. Opinions may be
dividing tho subject thus: will take
up first the conspiracy aspect of the
case. separate what lie known from
that which ia merely suspected. The
case which rests upon evidence and the
case which rests upon suspicion.
Suspicion or opinion cannot be the
basis of any judicial action, but the
suspicion here is not that Ham
ilton made the attack upon GAM
brell. The suspicion is not that
Hamilton surprised Gambrell and
got the advantage. The suspicion Is
that Hamilton, unwilling to encounter
this man in single combat, combined
with others and set upon Gambrell
when alive and killed him. That sus-
picion piecludes all fair judgment OF
the matter as to single combat, aud all
consideration OF the character OF the
provocation or the character OF the
parties, for 1t matters not what the
provocation may have been, to aveDge
it by procuring others to Set upon a
man in the night is intolei able,
and it shsmes the manhood OF
the county. Now tbs Suspicion
of the precise character that l have
given 1t is admitted to exist end it's
iOhasnce over the public mind in
its present condition is thing that l
feel bold to take hold Of, 1t is the
antagonist we have found to be fight
ing in this case all the way through
and Fl htiDg against the facts and
fighting against fair Judgment. The
transforming and wonder working
power OF suspicion when it dominates
the mind and which forms
80 large a part of this case, am sure
| should be excused if l undertake to
show OF what 1t is composed. What
are its constituents That suspicion,
the foundation of real belief ia many
mines, had a natural origin in the
minds that imbued it, Young Gam
brell, sprightly young man, was sur.
rounded mere by his kindred and q
circle OF friends-who are very good
Teople on the very best standard and
people with whom moral society has nc
fault 20 find. They had conceived oi
this young man not only that he had
good instincts aud high purposes, but
his prowess as q fighting man wat
brought out at the very beginning
of this contest. He was 30 expert al
q rapid and accurate pistol man that
his ieats ia that accomplishment were
the wonder, il they were not the sd
mirstion, of his associates. Moreover
they had conceived of him thai
he wss as bold as lion
He was bold. He manifested himself
not rs q practiced shot, but one more
than ordinarily willing to bring hit
practice to bear upon an adversary
such was the opinion of his friends, o
his prowess and his expertness with
the revolver. The idea that Hamilton
could overcome him in siTge com
bat could not be entertained. This In
the main gave rise to a conspiracy
They got up what must be allowed
to call conspiracy boom. This sus
picion guiding them, they saw Turk
ing assassin in q single foot print
They see in crushed thistl,
leaf an ambush and a rel
mark on the br dye a finger print o
blood. The drains and embankment
about the bridge are pe)pled will
crouching miscreants, armies ar,
mastering on the bridge in line OF bat
tie, In lines, in qusdrangles and tri
angles. Tney move about and whir
there in a regular dance Cf death. Tn
most trivial acts and movem snts O
defendant are trantfjrmed by thi
suspicion into evidence OF guilt. Pho
and conspiracies, and hungry ere
dulity, has literally gorged itself witt
these materials.
He then reviewed at some lengtI
the cause which led to the difficulty
and showing that there wa
no cause for trouble between
anyone else bat Gambrell an,
Hamilton. Hs said the prosecution
to carry out the suspicion OF con
apiracy have endeAvored to widen tn
bearings of the provocation by bring
} ing in prohibition and the city gov
eminent. He said such spithets a
GsmbTell used about the city govern
ment have been current newspa pc
Literature, and became stale belor
D Gambrell was mui dered. This, there
, fore, would not at this late day b
cause sufficient to incite conspirac
for murder. He then argued this
everything goes to show tbs
: there was only a single combat
, that there was no motive f.
no obi sct to be attained for anythin
but q single combat, Prohibition car
: not figure, as all the damage that ca
. be done to the whisky men has a
, ready been accomplished. This
! Gsmbrell did no more for prohibition
! than a doL4n other men in the tow1
aud there was no conspiracy to mul
der them; and he discussed at lenRt